Allahabad High Court
Bhal Chandra Joshi And 2 Others vs State Of U P And 7 Others on 21 December, 2018
Bench: Pradeep Kumar Baghel, Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 21
Case :- WRIT - C No. - 42410 of 2018
Petitioner :- Bhal Chandra Joshi And 2 Others
Respondent :- State Of U P And 7 Others
Counsel for Petitioner :- Antriksh Verma,Sunita Sharma,Vijay Chandra Srivastava
Counsel for Respondent :- C.S.C., Devi Prasad Mishra,Suresh C. Dwivedi
Hon'ble Pradeep Kumar Singh Baghel,J.
Hon'ble Prakash Padia,J.
Supplementary affidavit filed today is taken on record.
The grievance of the petitioner is that certain permanent construction is being raised within 500 meters of the highest flood level of the river Ganga inspite of the order dated 22.4.2011 passed in P.I.L. No.4003 of 2006 that no construction is to be undertaken either by the ADA or by any private builders within 500 meters of highest flood level of river Ganga. The relevant portion of the judgement reads as under :-
"We thus direct that no construction shall be undertaken by the Allahabad Development authority or by any private builders within 500 meters of highest flood level of river Ganges in city of Allahabad as well as part of river Yamuna adjoining the river Ganges (Sangam). The Allahabad Development Authority and the district administration shall ensure that no construction be made in the aforesaid area. We however, give liberty to any aggrieved person to make appropriate application in this petition with regard to above restrictions, if he feels so aggrieved."
The matter was came up for admission on 19.12.2018. The petitioner has sought leave of the Court to implead Kumbh Mela Authority as one of the respondent and with the permission of the Court the Kumbh Mela Authority has been impleaded as respondent no.9.
Sri Kartikey Saran, learned counsel, has put in appearance on behalf of newly impleaded respondent. Learned Standing Counsel appears for all the State functionaries. Sri A. P. Paul, learned counsel, has put in appearance on behalf of respondent no.4.
Learned Standing Counsel has produced Government Order dated 24.4.2018, which is taken on record. The para 21 of the said Government Order reads as under:-
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In view of the above, we find that no permanent construction can be made in view of the clear direction issued by this Court in in P.I.L. No.4003 of 2006 and the Government Order dated 24.4.2018.
Our attention has not been drawn to any contrary order passed by this Court on 22.4.2011. Accordingly, we direct that if the order dated 22.4.2011 is still operative, the authorities are bound by the said direction.
Issue notice to respondent nos.6, 7 and 8 under R.P.A.D. returnable on 28.1.2019.
Counter affidavit be filed by all the respondents within four weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
Put up on 28.1.2019 as a fresh. When the case is next listed the name of Sri Kartikey Saran and Sri Harsh Vardhan Gupta be shown as counsel for the respondents.
We made it clear that we have not adjudicated any private dispute in this matter. Our observation shall not influence, if any other proceeding is pending in this matter.
Order Date :- 21.12.2018
Pramod Tripathi
